You have the right to seek alimony. The judge will evaluate whether you have a legitimate need for alimony and whether your husband is able to pay it. Alimony might be awarded indefinitely or for a set length of time by the judge.
If the judge decides to award you alimony, the judge will...Read more »
He is the sole income provider (82k). I am a full time student paying cash for my education.
We have been married 11 years with 2 shared children age 8 and 12. We have never owned a home. His car is valued around $3k, mine is valued much less (it is 30 years old). No other assets. Combined... Read more »
Even if your husband will soon move out of state, you can apply for divorce if you have both lived in Florida for at least 6 months. If you and your children do not wish to move with him, you must demonstrate that they are better off staying with you and that the move is unnecessary.
My wife left our house with our 18 yr old daughter and filed for divorce. My lawyer is simply conveying messages back to me on what my wife is demanding. My lawyer isn't answering my questions or voicing my concerns/needs. My retainer is being bled dry while I only seem to get more... Read more »
Court policy places undue pressure on the man to surrender his money and property and future earnings to the woman. Typically, the first to go are the children which the man loses followed immediately by child support. Then come the real and personal property awards. In some courts, for example in...Read more »
We got a dissolution last May 5,2021. And until now l still haven’t get the title of the car that we both agreed that he is going to transfer it to my name. His lawyer that we used for the dissolution was also the one who process QDRO for the car payoff but until now it hasn’t been finalized or... Read more »
Is it true that I will have to sell my house if I purchased it before marriage, I’ve paid the mortgage for 15 years with no help , I added him to my deed upon getting married , we have a child that’s in college… can I keep my property?
It is not a foregone conclusion that you will have to sell your house. Refinancing may be an option, or an exchange of other marital assets in lieu of accumulated equity. You need to speak to an attorney who will be able to look at exact numbers so they can give you specific advice.
Generally, the state where you got married is not a factor in where the divorce is filed. You file for divorce in the State where you/your spouse are currently living. Some states have residency requirements. In Georgia, you need to live here at least 6 months prior to filing.
Question on a 401k that I had prior to getting married. Everything I’ve read is it is separate property and not divisible at divorce. Are the gains from that account also separate property? My wife is saying the 401k balance prior to marriage is separate property, but the gains are community... Read more »
So long as there were no contributions during the marriage, then every penny of your 401(k) will be considered your separate property. You owned it prior to the marriage, and you alone get to benefit from any increases.
Perhaps you could convince her by asking her whether she would have...Read more »
I don’t have the money to fly to Oregon and get another lawyer to force him to refinance. I also learned he put the home in forbearance while the divorce was still processing. So now he has to either pay back 30 grand before he can refinance OR have me agree to sign papers to put that money on... Read more »
He took me off joint bank accounts, cell phone plans and car insurance this past fall 8/21-12/21. 1/5 he turned off access to hot water and washer and dryer. I had surgery 1/7 and I'm currently staying with family in Missouri recovering.
In most situations there are automatic injunctions put in place to prevent the changing of bank accounts, insurance, and utilities and the like. You need to consult with an attorney on this so that you can be represented fully. To your other question, yes you can ask, and file a joint affidavit...Read more »
family or friends or just go to a hotel or an apartment while he's off work and in the home every week, is that desertion? I would make it known to our adult children and my family and friends that I'm returning on a certain date each time. He initiated the divorce. I have agreed. Update:... Read more »
Temporary absences without the intent to separate permanently do not amount to desertion in Virginia. The court may view the trips to visit family and friends differently than leaving to go to an apartment or hotel when your spouse is home differently, however. Also, notifying other people that...Read more »
My friends wife filed for divorce, 1B. For covid reason, all hearings were postponed. They had only one zoom hearing 6.06.2021. Judge's decision was for them to get agreement and to provide a paper how they both are going to care of kids. Judge gave them 30 days. Until now wife did not respond... Read more »
If the children are unemancipated or minors then there would be child support anyway. The real point is you want to conclude your divorce. You have not stated what type of hearing you had via Zoom. It could have been a pretrial conference and perhaps a trial date is next. Really you seem to need...Read more »
My mother has not been around my entire life and claimed she has remarried but I dont know how if she still is married legally to my father. I just want them divorced in case my father passes I dont want her entitled to any of my father's assets
If your father wants to file for divorce, he can do so if he has been a Virginia resident for the past six months. When he files for divorce, if he doesn't know where your mother is, he will need to file an affidavit verifying that he doesn't know her address. He can then request that...Read more »
I have evidence that my wife cheated while we were married. Will the judge consider her actions when dividing marital property? We don't have kids, just property that will be split. We bought the house after the marriage but she has the mortgage in her name and has made all of the payments.
If your spouse spent money on the other person, those funds might be recovered. But usually, such things don't affect the division of property or determination of any spousal support. The house is marital property, subject to division of its value. Use the Find a Lawyer tab to retain a...Read more »
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